In re Villa Guardarramas, Inc.

Appellate Division of the Supreme Court of New York

In re Villa Guardarramas, Inc.

34 A.D.2d 868, 310 N.Y.S.2d 802, 1970 N.Y. App. Div. LEXIS 4680

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 26, 1970

StatusPublished

This text of 34 A.D.2d 868 (In re Villa Guardarramas, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Villa Guardarramas, Inc., 34 A.D.2d 868, 310 N.Y.S.2d 802, 1970 N.Y. App. Div. LEXIS 4680 (N.Y. Ct. App. 1970).

Pincite

Opinion

Cooke, J.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 22, 1966, which assessed additional contributions against the employer for moneys paid to musicians during 1959 to 1964, inclusive. Appellant, the operator of a summer resort with a restaurant and bar open weekends, provided room and board to the alleged employees, directed 'how they were to dress, possessed the right to complain about the men and decided the length of performance, as well as the starting and finishing times. An orchestra leader, who acted during part of the period, testified that one of appellant’s officers told him what to do and that he had to tell the officer if a replacement was made because he was his “ boss ”. While other testimony might yield a different conclusion, the factual finding of the board as to the existence of the .employment relationship, supported by evidence, must be accepted by us as final and conclusive. [869]*869Decision affirmed, without costs. Herlihy, P. J., Reynolds, Staley, Jr., Greenblott and Cooke, JJ., concur in memorandum by Cooke, J.

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Cooke, J.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 22, 1966, which assessed additional contributions against the employer for moneys paid to musicians during 1959 to 1964, inclusive. Appellant, the operator of a summer resort with a restaurant and bar open weekends, provided room and board to the alleged employees, directed 'how they were to dress, possessed the right to complain about the men and decided the length of performance, as well as the starting and finishing times. An orchestra leader, who acted during part of the period, testified that one of appellant’s officers told him what to do and that he had to tell the officer if a replacement was made because he was his “ boss ”. While other testimony might yield a different conclusion, the factual finding of the board as to the existence of the .employment relationship, supported by evidence, must be accepted by us as final and conclusive. [869]*869Decision affirmed, without costs. Herlihy, P. J., Reynolds, Staley, Jr., Greenblott and Cooke, JJ., concur in memorandum by Cooke, J.

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Bluebook (online)

34 A.D.2d 868, 310 N.Y.S.2d 802, 1970 N.Y. App. Div. LEXIS 4680, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-villa-guardarramas-inc-nyappdiv-1970.